(a) (1) To purchase Class C common fireworks or sparkling devices, a person must be at least sixteen (16) years of age. A person who is sixteen (16) or seventeen (17) years of age and who seeks to purchase Class C common fireworks or sparkling devices must provide proof of age to the person, retailer, or seasonal retailer by presenting a state-issued photo identification or must be accompanied by an adult. It is unlawful to offer for retail sale or to sell Class C common fireworks or sparkling devices to a person who is under sixteen (16) years of age or to an intoxicated or irresponsible person.(2) It is unlawful to explode or ignite fireworks or sparkling devices within six hundred feet (600′) of a church, hospital, asylum, or public school, or within two hundred feet (200′) of a location where fireworks are stored, sold, or offered for sale.(3) (A) A person shall not ignite or discharge permissible articles of fireworks or sparkling devices within a motor vehicle, or throw permissible articles of fireworks or sparkling devices from a motor vehicle while the motor vehicle is within or at or near any person or group of people.(B) A person shall not place or throw an ignited article of fireworks or sparkling devices into or at a motor vehicle or at or near any person or group of people.(4) It is unlawful for an individual, firm, partnership, or corporation to sell at retail any Class C common fireworks or sparkling devices within any county of this state having a population greater than three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks or sparkling devices before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:(A) The parcel of property upon which such fireworks or sparkling devices are sold is either partially located in a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census; and(B) Fireworks or sparkling devices have been sold annually at such stand for a period of at least forty-five (45) years.
(1) To purchase Class C common fireworks or sparkling devices, a person must be at least sixteen (16) years of age. A person who is sixteen (16) or seventeen (17) years of age and who seeks to purchase Class C common fireworks or sparkling devices must provide proof of age to the person, retailer, or seasonal retailer by presenting a state-issued photo identification or must be accompanied by an adult. It is unlawful to offer for retail sale or to sell Class C common fireworks or sparkling devices to a person who is under sixteen (16) years of age or to an intoxicated or irresponsible person.
(2) It is unlawful to explode or ignite fireworks or sparkling devices within six hundred feet (600′) of a church, hospital, asylum, or public school, or within two hundred feet (200′) of a location where fireworks are stored, sold, or offered for sale.
(3) (A) A person shall not ignite or discharge permissible articles of fireworks or sparkling devices within a motor vehicle, or throw permissible articles of fireworks or sparkling devices from a motor vehicle while the motor vehicle is within or at or near any person or group of people.(B) A person shall not place or throw an ignited article of fireworks or sparkling devices into or at a motor vehicle or at or near any person or group of people.
(A) A person shall not ignite or discharge permissible articles of fireworks or sparkling devices within a motor vehicle, or throw permissible articles of fireworks or sparkling devices from a motor vehicle while the motor vehicle is within or at or near any person or group of people.
(B) A person shall not place or throw an ignited article of fireworks or sparkling devices into or at a motor vehicle or at or near any person or group of people.
(4) It is unlawful for an individual, firm, partnership, or corporation to sell at retail any Class C common fireworks or sparkling devices within any county of this state having a population greater than three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks or sparkling devices before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:(A) The parcel of property upon which such fireworks or sparkling devices are sold is either partially located in a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census; and(B) Fireworks or sparkling devices have been sold annually at such stand for a period of at least forty-five (45) years.
(A) The parcel of property upon which such fireworks or sparkling devices are sold is either partially located in a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census; and
(B) Fireworks or sparkling devices have been sold annually at such stand for a period of at least forty-five (45) years.
(b) (1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
(1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.
(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
(c) Notwithstanding any other provision of law to the contrary:(1) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within the city of East Ridge. This part shall apply to the sale of fireworks in such city; and(2) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within a municipality with a population of not less than ten thousand one hundred seventy (10,170) nor more than ten thousand one hundred seventy-nine (10,179), according to the 2010 federal census or any subsequent census. This part shall apply to the sale of fireworks in such municipality.
(1) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within the city of East Ridge. This part shall apply to the sale of fireworks in such city; and
(2) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within a municipality with a population of not less than ten thousand one hundred seventy (10,170) nor more than ten thousand one hundred seventy-nine (10,179), according to the 2010 federal census or any subsequent census. This part shall apply to the sale of fireworks in such municipality.